64B8-31.009. Citation Authority

(1) Pursuant to Section 456.077, F.S., the Board sets forth below those violations for which there is no substantial threat to the public health, safety, and welfare; or, if there is a substantial threat to the public health, safety, and welfare, such potential for harm has been removed prior to the issuance of the citation. Next to each violation is the penalty to be imposed. In addition to any administrative fine imposed, the respondent may be required by the department to pay the costs of investigation.

(2) If the violation constituted a substantial threat to the public health, safety, and welfare, such potential for harm must have been removed prior to issuance of the citation.

(3) The following violations with accompanying penalty may be disposed of by citation with the specified penalty:

VIOLATIONS	PENALTY
(a) CME violations. (Sections 456.072(1)(e), (s), F.S.) (Sections 458.331(1)(g), (x), F.S.) (Section 458.3475, F.S.)	Within twelve months of the date the citation is issued, Respondent must submit certified documentation of completion of all CME requirements for the period for which the citation was issued; prior to renewing the license for the next biennium, Respondent must document compliance with the CME requirements for the relevant period; AND pay a $250 fine.
1. Failure to document required HIV/AIDS CME. (Section 456.033, F.S.)	$250 fine
2. Failure to document required domestic violence or end-of-life and palliative health care CME. (Section 456.031, F.S.)	$250 fine
3. Failure to document required prevention of medical errors CME. (Section 456.013(7), F.S.)	$250 fine
4. Failure to document both the required HIV/AIDS and domestic violence, or end-of-life and palliative health care CME.	$500 fine
5. Documentation of some, but not all, 40 hours of required CME for license renewal.	$25 fine for each hour not documented
(b) Obtaining license renewal by negligent misrepresentation. (Section 458.331(1)(a), F.S.) (Section 458.3475, F.S.)	$2500 fine
(c) Failure to document any of the 40 hours of required CME for license renewal. (Section 458.331(1)(x), F.S.) (Section 458.3475, F.S.)	$2500 fine
(d) Practice on an inactive or delinquent license. (Section 456.036(1), F.S.) (Section 458.327(1)(a), F.S.) (Section 458.331(1)(x), F.S.) (Section 458.3475, F.S.)
1. For a period of up to nine months.	$100 for each month or part thereof.
2. For a period of nine months to twelve months.	$150 for each month or part thereof.
(e) Failure to notify Department of change of practice and/or mailing address. (Section 456.035, F.S.) (Section 458.319(3), F.S.) (Section 458.331(1)(g), F.S.) (Section 458.3475, F.S.)	$125 fine
(f) Failure of the anesthesiologist assistant to clearly identify that he/she is an anesthesiologist assistant. (Section 458.331(1)(g), F.S.) (Section 458.3475, F.S.)	$250 fine
(g) Failure to report to the Department of addition/deletion/change of supervising physician(s). (Section 456.035, F.S.) (Section 458.331(1)(g), F.S.) (Section 458.3475, F.S.)	$125 fine
(h) Willfully failing to comply with Section 627.64194 or 641.513, F.S., with such frequency as to indicate a general business practice. (Section 458.331(1)(tt), F.S.)	First-time Citation – $250 fine Second-time Citation – $1,000 fine

(4) Citations shall be issued to licensees by the Bureau of Investigative Services only after review by the legal staff of the Department of Health, Division of Regulation. Such review may be by telephone, in writing, or by facsimile machine.

(5) The procedures described herein apply only for an initial offense of the alleged violation. Subsequent violation(s) of the same rule or statute shall require the procedures of Section 456.073, F.S., to be followed. In addition, should an initial offense for which a citation could be issued occur in conjunction with other violations, then the procedures of Section 456.073, F.S., shall apply.

(6) The subject has 30 days from the date the citation becomes a final order to pay any fine imposed and costs. All fines and costs are to be made payable to the “Department of Health” and sent to the Department of Health in Tallahassee. A copy of the citation shall accompany the payment of the fine.

Rulemaking Authority 456.077, 458.309, 458.3475 FS. Law Implemented 456.077, 458.331, 458.3475 FS. History–New 8-2-05, Amended 5-8-17.